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Allowance for injured members of 2001 Scheme or 2023 Scheme and awards, etc., upon death of member in certain cases justifying exceptional treatment

Prevention of Corruption (Occupational Superannuation Scheme) Regulations 2003

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—(1) For the purpose of this regulation —(a)a member of the 2001 Scheme or 2023 Scheme shall be deemed to have sustained an injury in the execution of his duty if he is injured in any of the following circumstances: (i)while on duty or on a journey necessary to enable him to report for duty or to return home after duty; (ii)while not on duty but in the performance of some act which is within the scope of the ordinary duties of a member of the 2001 Scheme or 2023 Scheme; or(iii)in consequence of some act performed in the execution of his duty; (b)any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury; and(c)“total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected.(2) Where a member of the 2001 Scheme or 2023 Scheme sustains a total disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the member an allowance of the following amount:(a)if the injury is non-accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 1 of the Third Schedule; (b)if the injury is accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 2 of the Third Schedule; or (c)if it is not possible to determine definitely whether the injury is accidental or non-accidental, the amount of the allowance shall be calculated at such rate intermediate between the rates specified in sub-paragraphs (a) and (b) as the Director may determine.(3) Subject to paragraph (4), where a member of the 2001 Scheme or 2023 Scheme sustains a partial disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the member —(a)an allowance of such proportion of the amount applicable in case of total disablement as the degree of disablement bears to total disablement; or(b)in cases recommended by the Director on the grounds of exceptional merit, an allowance of an amount not exceeding one year’s salary calculated at the rate of salary drawn by the disabled member at the time of the receipt of the injury. (4) For the purpose of paragraph (3)(a) —(a)if the injury is non-accidental, the allowance shall not be less than such proportion of the annual salary as specified in Scale No. 3 of the Third Schedule; and(b)if the injury is accidental, the allowance shall not be less than such portion of the annual salary as specified in Scale No. 4 of the Third Schedule,but in any case, the minimum allowance payable shall be $20 per month.(5) Where a member of the 2001 Scheme or 2023 Scheme who has completed 10 years of reckonable service sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of that award, in which event it shall be lawful for the award officer to grant to the member as compensation —(a)a sum equivalent to the amount calculated under the Work Injury Compensation Act, as if he were an employee under that Act; or (b)all moneys, whether vested or not, standing to the credit of the member in his Retention Account and Retirement Account, if applicable, at the date of his injury, whichever is the greater.(6) Where a member of the 2001 Scheme or 2023 Scheme who —(a)has completed 10 years of reckonable service;(b)has been retired on account of a permanent total disablement arising from an injury received in the execution of his duty; and(c)has been receiving an award under this regulation,dies within 5 years from the date he received the injury, an award officer may, subject to paragraph (7), grant to such of his dependants as the award officer may think fit, or if there are no dependants, to his legal personal representatives —(i)an allowance in accordance with regulation 28(1), as if he had died from the injury; and(ii)as compensation —(A)a sum equivalent to the amount calculated under the Work Injury Compensation Act, as if he had died as a result of the injury and as if he were an employee under that Act; or(B)all moneys, whether vested or not, standing to the credit of the member in his Retention Account and Retirement Account, if applicable, as if he had died from the injury,whichever is the greater.(7) Any compensation payable to the dependants or the legal personal representatives of a deceased member under paragraph (6)(ii) shall be reduced by the aggregate amount of the moneys already paid to the deceased member under regulation 18 from the date of his retirement to the date of his death, and where the aggregate amount of the moneys already paid to the deceased member under regulation 18 exceeds the compensation payable under paragraph (6)(ii), such excess amount shall, subject to paragraph (8), be recoverable by regular monthly deductions from the award payable to the dependants of the deceased member under regulation 28.(8) Any deduction made from an award payable to the dependants of a deceased member under paragraph (7) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants. (9) Where a member of the 2001 Scheme or 2023 Scheme who —(a)was in the pensionable service prior to his conversion to the 2001 Scheme under regulation 33 or the 2023 Scheme under regulation 38; and(b)has completed less than 10 years of reckonable service, sustains a permanent total disablement from an injury received in the execution of his duty, it shall be lawful for an award officer to grant to such member, in addition to an award payable under paragraph (2), as compensation —(i)a sum equivalent to the amount calculated under the Work Injury Compensation Act, as if death has resulted from the injury and as if he were an employee under that Act; or (ii)all moneys, whether vested or not, standing to the credit of the member in his Retention Account and Retirement Account, if applicable, as if he had died from the injury, whichever is the greater.(10) Where a member of the 2001 Scheme or 2023 Scheme who —(a)is on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act 1953; and(b)has completed less than 10 years of reckonable service, sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of the said award, in which event it shall be lawful for an award officer to grant to the member as compensation —(i)a sum equivalent to the amount calculated under the Work Injury Compensation Act as if he were an employee under that Act; or (ii)all moneys, whether vested or not, standing to the credit of the member in his Retention Account and Retirement Account, if applicable, as if he had died from the injury, whichever is the greater. (11) Where a member of the 2001 Scheme or 2023 Scheme sustains a permanent partial disablement from an injury received in the execution of his duty and is entitled to an award payable under paragraph (3), he may elect to be paid a compensation in lieu of that award, in which event an award officer may grant to the member as compensation a sum equivalent to the amount calculated for permanent partial disablement under the Work Injury Compensation Act, as if he were an employee under that Act. (12) Where a member of the 2001 Scheme or 2023 Scheme or, on his death, his dependants or legal personal representatives is or are entitled to receive any benefits under regulation 28, an award officer may on the ground of exceptional circumstances increase the amount of benefits payable by a further 30%. (13) The aggregate amount of any allowance and the additional 30% of such award payable to the member of the 2001 Scheme or 2023 Scheme or his dependants under paragraph (12) shall not exceed the member’s last drawn emoluments.

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